Legal Question in Family Law in Illinois
I've had sole custody of my daughter now 7 years old for over a year, the NCP has been telling my daughter that she (my daughter) is confused where she wants to live and after hearing this every weekend during visits she her self is starting to believe it, I tell her to follow her heart, and if living with NCP will make her happy than can talk about it. I know that Illinois has a 2 year benchmark before a Judgment can be changed or modified so my question is "Can the NCP file for a custody change and under what grounds? My living situation has not changed and I have followed the judgment.
1 Answer from Attorneys
To change custody in the first two years, the NCP would have to prove "serious endangerment". This term is strictly construed and is not controlled by what the child may want or not want. After two years, the NCP can file for a change in custody by alleging that such a change is in the minor child's "best interests." This is a much lower standard but the courts are loathe to change custody with the agreement of the parents and usually only if there has been a substantial change in circumstances. If your ex is bent on filing for custody, you probably can't stop him but his chances of winning are slim. Courts look to stability for the child not what the parents may want or even what the child may think it wants.
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